Back / lumbar spine decisions — 2006

The Board granted an initial rating of 40 percent for lumbosacral strain and found that the keloid scars of the chest were presumed to have been aggravated by active service.

The Board found no evidence linking the veteran's current low back disability to his service, and determined that his alcoholism was due to his own willful misconduct. Therefore, both claims were denied.

The Board granted service connection for osteoarthritis of the lumbar spine and right knee with a torn posterior medial meniscus, both secondary to bilateral pes planus. The effective date for these grants is November 29, 2003.

The Board has denied the veteran's claims for service connection for cervical strain and lumbar strain, as well as his claim for nonservice-connected pension. The evidence does not support a finding that these conditions are related to military service.

The Board has determined that the veteran's right knee and lumbar spine disorders are related to his service-connected left knee disorder, granting service connection for these conditions.

The Board has determined that the veteran does not have any current disabilities manifested by headaches, a low back disability, or a neurological disorder of the left upper extremity. The veteran's service-connected cervical spine condition is not considered to be related to his claimed neurological disorder of the left upper extremity.

The Board denied the veteran's claim for an earlier effective date for the award of total disability rating based on individual unemployability (TDIU) due to lack of evidence showing a factually ascertainable increase in disability within one year prior to his TDIU application, and because he did not meet the schedular requirements for TDIU prior to June 6, 1990.

The Board has denied the veteran's claims for increased evaluations and service connection for various disabilities, including a nasal fracture, right knee disability, left knee disability, cervical spine disability, thoracic spine disability, lumbar spine disability, and left shoulder impingement syndrome.

The Board denied the veteran's claims for a higher rating for his low back disorder and for a TDIU, finding that the evidence did not meet the criteria for a higher disability rating or entitlement to a TDIU.

The Board denied the veteran's claim for an increased rating for his service-connected lumbosacral strain with history of thoracolumbar scoliosis, finding that the evidence did not meet the criteria for a higher than 20 percent rating.

The Board found that the veteran's pre-existing back disability did not undergo aggravation or increase in severity during active service, and thus denied his claim for service connection.

The veteran's torn ligaments of right heel claim is denied. His acquired psychiatric disorder and right shoulder disability claims are pending and will be remanded to determine their etiology.

The Board has reopened the claim for service connection for a low back disability due to new and material evidence submitted by the veteran. The issue of entitlement to service connection will be further developed.

The Board has determined that the veteran's hepatitis C and cervical spine disorder are not service-connected due to lack of evidence linking these conditions to his military service.

The veteran's appeal involves multiple issues related to his service-connected conditions, including a rating for lumbosacral strain and hearing loss. The RO must review the additional evidence received since June 2003, consider the revised criteria for rating spine disorders and skin disorders, arrange for VA examinations to assess the current severity of these conditions, and readjudicate the claims.

The Board has determined that an earlier effective date for the grant of a 20% disability rating for low back pain with underlying degenerative disc disease is not warranted. The veteran's claim for increased ratings for his bilateral knee disorders remains pending.

The veteran's appeal has been dismissed as he has withdrawn his appeal.

The veteran's claims for increased ratings for lumbosacral strain and arthritis of the left knee were denied. The RO found that the evidence did not support higher ratings under the applicable rating criteria.

The Board denied the veteran's claims for service connection for degenerative disc disease of the lumbar spine, cervical spine, and left shoulder strain due to a lack of evidence linking these conditions to active service.